The Senator from Illinois, who preceded me, announced that he had

performed a pleasing duty in defending the Democratic party. That party

might well cry out, Save me from my defender. It was a defense of the

party by the arraignment of its prominent members. It was the preservation

of the body by the destruction of its head--for the President of the

United States is, for the time being, the head of the party that placed

him in position; and the head of the party thus in position can not be

destroyed without the disintegration of the members and the destruction of

the body itself. I suppose the Senator, however, was at his favorite

amusement of "shooting at the lump." The "lump" heretofore has been those

Democratic Senators who dissented from him: this time he involved

Democrats all over the country. Not even the presiding officer, whose

position seals his lips, could escape him. And here let me say that I

found nothing in the extract read from that gentleman's address, which,

construed as was no doubt intended, does not meet my approval; but if

tried by the modern lexicon of the Senator, it might be rendered a

contradiction to his avowed opinions, and by the same mode of expounding,

non-intervention would be a sin of which the whole Democracy might be

convicted, under the indictment of squatter sovereignty. The language

quoted from the address of the Vice-President is to be construed as

understood at the time, at the place, and by men such as the one who used

it.

With that force which usually enters into his addresses--with even more

than his usual eloquence--the Senator referred to the scene which awaited

him upon his return to Chicago, when, as represented, he met an infuriated

mob, who assailed him for having maintained the measures of 1850--those

compromises which, in the Northern section, it was urged had been passed

in the interest of the South. But, pray, what one of those measures was it

which excited the mob so described? Only one, I believe, was put in issue

at the North--the fugitive slave law; that one he did not vote for. But it

was the part of manliness to say that, though absent and not voting for

it, he approved of it. Such, I believe, was his commendable course on that

occasion. I give him, therefore, all due credit for not escaping from a

responsibility to which they might not have held him. Are we to give

perpetual thanks to any one because he did not yield to so senseless a

clamor, but conceded to us that small measure of constitutional

right--because he has complied with a requirement so plain that my regret

is that it ever required congressional intervention to enforce it? It

belonged to the honor of the States to execute that clause of the

Constitution. They should have executed it without congressional

intervention; congressional action should only have been useful to give

that uniformity of proceeding which State action could not have secured.

Concurring in the depicted evil of the destruction of the Democratic

organization, it must be admitted that such consequence is the inevitable

result of a radical difference of principle. The Senator laments the

disease, but instead of healing, aggravates it. While pleading the evils

of the disruption of the party, it is quite apparent that, in his mind,

there is another still greater calamity; for, through all his arraignment

of others, all his self-laudation, all his complaints of persecution, like

an air through its variations, appears and re-appears the action of the

Charleston Convention. That seemed to be the beginning and the end of his

solicitude. The oft-told tale of his removal from the chairmanship of the

Committee on Territories had to be renewed and connected with that

convention, and even assumed as the basis on which his strength was

founded in that convention. I think the Senator did himself injustice. I

think his long Career and distinguished labors, his admitted capacity for

good hereafter, constitute a better reason for the support which he

received, than the fact that his associates in the Senate had not chosen

to put him in a particular position in the organization of this body. It

is enough that that fact did not divert support from him; and I am aware

of none of his associates here who have forced it upon public attention

with a view to affect him.

He claims that an arraignment made against his Democracy has been answered

by the action of a majority of the Convention at Charleston; and then

proceeds to inform the minority men that he would scorn to be the

candidate of a party unless he received a majority of its votes. There was

no use in making that declaration; it requires not only a majority, but,

under our ruling, a vote of two-thirds, for a nomination. It was

unnecessary for any body to feel scorn toward that which he could not

receive. Other unfortunate wights might mourn the event; it belonged to

the Senator from Illinois to scorn it. The remark of Mr. Lowndes, which

has been so often quoted, and which, beautiful in itself, has acquired

additional value by time, that the Presidency was an office neither to be

sought nor declined, has no application, therefore, to the Senator, for,

under certain contingencies, he says he would decline it. It does not

devolve on me to decide whether he has sought it or not.

But, sir, what is the danger which now besets the Democratic party? Is it,

as has been asserted, the doctrine of intervention by Congress, and is

that doctrine new? Is the idea that protection, by Congress, to all rights

of person or property, wherever it has jurisdiction, so dangerous that, in

the language employed by the Senator, it would sweep the Democratic party

from the face of the earth? For what was our Government instituted? Why

did the States confer upon the Federal Government the great functions

which it possesses? For protection--mainly for protection beyond the

municipal power of the States. I shall have occasion, in the progress of

my remarks, to cite some authority, and to trace this from a very early

period. I will first, however, notice an assault which the Senator has

thought proper to make upon certain States, one of which is, in part,

represented by myself. He says they are seceders, bolters, because they

withdrew from a party convention when it failed to announce their

principles. There can be no tie to bind me to a party beyond my will. I

will admit no bond that holds me to a party a day longer than I agree to

its principles. When men meet together to confer, and ascertain whether or

not they do agree, and find that they differ--radically, essentially,

irreconcilably differ--what belongs to an honorable position except to

part? They can not consistently act together any longer. It devolves upon

them frankly to announce the difference, and each to pursue his separate

course.

The letter of Mr. Yancey--acknowledged to be a private letter, an

unguarded letter, but which, somehow or other, got into the press--was

read to sustain this general accusation against what are called the Cotton

States. I do not pretend to judge how far the Senator has the right here

to read a private letter, which, without the authority of the writer, has

gone into the public press. It is one of those questions which every man's

sense of propriety must, in his own case, decide. Whether or not the use

of that letter was justifiable, how is it to be assumed that the Southern

States are bound by any opinion there enunciated? How to be asserted that

we, the residents in those States, have pinned our faith to the sleeve of

any man, and that we will follow his behest, no matter whither he may go?

But was this the only source of information, or was the impression

otherwise sustained? Did Mr. Yancey, in his speech delivered at

Charleston, justify the conclusions which the Senator draws from this

letter? Did he admit them to be correct? There he might have found the

latest evidence, and the best authority. Speaking to that point, Mr.

Yancey said:

"It has been charged, in order to demoralize whatever influence we

might be entitled to, either from our personal or political

characteristics, or as representatives of the State of Alabama, that

we are disruptionists, disunionists _per se_; that we desire to break

up the party in the State of Alabama--to break up the party of the

Union, and to dissolve the Union itself. Each and all of these

allegations, come from what quarter they may, I pronounce to be false.

There is no disunionist, that I know of, in the delegation from the

State of Alabama. There is no disruptionist that I know of; and if

there are factionists in our delegation, they could not have got in

there, with the knowledge upon the part of our State Convention that

they were of so unenviable a character. We come here with two great

purposes: first, to save the constitutional rights of the South, if it

lay in our power to do so. We desire to save the South by the best

means that present themselves to us; and the State of Alabama believes

that the best means now in existence is the organization of the

Democratic party, if we shall be able to persuade it to adopt the

constitutional basis upon which we think the South alone can be

saved."

He further says:

"We have come here, then, with the twofold purpose of saving the

country and saving the Democracy; and if the Democracy will not lend

itself to that high, holy, and elevated purpose; if it can not elevate

itself above the mere question of how perfect shall be its mere

personal organization, and how wide-spread shall be its mere voting

success, then we say to you, gentlemen, mournfully and regretfully,

that, in the opinion of the State of Alabama, and, I believe, of the

whole South, you have failed in your mission, and it will be our duty

to go forth, and make an appeal to the loyalty of the country to stand

by that Constitution which party organizations have deliberately

rejected." [Applause.]

Mr. Yancey answers for himself. It was needless to go back to old letters.

Here were his remarks delivered before the convention, speaking to the

point in issue, and answering both as to his purposes and as to the

motives of those with whom he conferred and acted.

The Senator next cited the resolutions of the State of Alabama; and here

he seemed to rest the main point in his argument. The Senator said that

Alabama, in 1856, had demanded of the Democratic convention,

non-intervention, and that, in 1860, she had retired from the convention

because it insisted upon non-intervention. He read one of the resolutions

of the Alabama Convention of 1856; but the one which bore upon the point

was not read. The one which was conclusive as to the position of Alabama

then, and its relation to her position now, was exactly the one that was

omitted--I read from the resolutions of this year--was as follows:

"_Resolved, further_, That we re-affirm so much of the first

resolution of the platform adopted in the convention by the Democracy

of this State, on the 8th of January, 1856, as relates to the subject

of slavery, to-wit."

It then goes on to quote from that resolution of 1856, as follows:

"The unqualified right of the people of the slaveholding States to

the protection of their property in the States, in the Territories,

and in the wilderness, in which territorial governments are as yet

unorganized."

That was the resolution of 1856; and like it was one of February, 1848:

"That it is the duty of the General Government by all proper

legislation, to secure an entry into those Territories to all the

citizens of the United States, together with their property, of every

description; and that the same shall be protected by the United

States, while the Territories are under its authority."

So stands the record of that State which is now held responsible for

retiring, and is alleged to have withdrawn because she received now what,

in former times, she had demanded as the full measure of her rights. Did

she receive it? The argument could only be made by concealing the fact

that her resolutions of 1848 and 1856 asserted the right to protection,

and claimed it from the General Government. What, then, is the necessary

inference? That, in the Cincinnati platform, they believed they obtained

that which they asserted, or that which necessarily involved it. So much

for the point of faith; so much for the point of consistency in the

assertion of right. But if it were otherwise; if they had neglected to

assert a right; would that destroy it? If they had failed at some time to

claim this protection, are they to be estopped, in all time to come, from

claiming it? Constitutional right is eternal--not to be sacrificed by any

body of men. A single man may revive it at any period of the existence of

the Constitution. So the argument would be worthless, if the facts were as

stated. That they are not so stated, is shown by the record.

Here allow me to say, in all sincerity, that I dislike thus to speak about

conventions; it does not belong to the duties of the Senate; we did not

assemble here to make a President, except in the single contingency of a

failure by the people and by the House of Representatives to elect. When

that contingency arrives, the question will be before us. I am sorry that

it should have been prematurely introduced. But since the action of the

recent convention at Charleston is presented as the basis of argument, it

may be as well to refer to it, and see what it is. The majority report,

presented by seventeen States of the Union, and those the States most

reliable to give Democratic votes--the States counted so certain to give

Democratic votes that they have been regarded as a fixed basis, a nucleus

to which others were to be attracted--these seventeen States reported to

the convention a series of resolutions, one of which asserted the right to

protection. A minority of States reported another series, excluding the

avowal of the right--not exactly denying it, but not avowing it--and a

second minority report was submitted, being the Cincinnati platform, pure

and simple. It is true that a majority of delegates adopted the minority

report, but not a majority of States, nor does it appear, by an analysis

of the votes, and the best evidence I have been able to obtain, that it

was by a majority of delegates, if each had been left to his own choice;

but that, by one of those ingenious arrangements--one of those incidents

which, among jurists, is described as the favor the vigilant receives from

the law--it so happened that, in certain States, the delegates were

instructed to vote as a unit; in other States they were not; so that,

wherever they were instructed to vote as a unit, the vote must so be cast,

and wherever they were not, they might disintegrate. Thus minorities were

bound in one instance, and released in another; and, by a comparison made

by those who had an opportunity to know, it appears that the minority

report could not have got a majority of the delegates, if each delegate

had been permitted to cast his own vote in the Convention. Neither could

it have obtained, as appears by the action of the committee, in a majority

of the States, if they had been spoken as such. So that this vaunt as to

the effect of the adoption of the platform by a majority, seems to have

very little of substance in it. Again, I find that, after this adoption

of a platform, a delegate from Tennessee offered a resolution:

"That all the citizens of the United States have an equal right to

settle, with their property, in the Territories of the United States;

and that, under the decision of the Supreme Court of the United

States, which we recognize as a correct exposition of the Constitution

of the United States, neither their rights of person or property can

be destroyed or impaired by congressional or territorial legislation."

It does not appear that a vote was taken on it. There is a current belief

that it would have been adopted. If it had been, it would have been an

acknowledgment by the Democracy, in convention assembled, that the

question had been settled by the decisions of the Supreme Court. But in

the progress of the convention, when they came to balloting, it appears,

by an analysis of the vote for candidates, that the Senator from Illinois

received from seventeen undoubted Democratic States of the Union, casting

one hundred and twenty-seven electoral votes, but eleven votes. It is not

such a great triumph, then, in the Democratic view, as is claimed. It does

not suffice to add up the number of votes where they do not avail. It is

not fair to bring the votes of Vermont, where I believe nobody expects we

shall be successful, and count them for a particular candidate. The

electoral votes--and these alone, tell upon the result; and it appears

that in those States which have been counted certain to cast their

electoral votes for the candidate who might have been nominated at that

convention, the Senator received but eleven. This is but meagre claim to

bind us to his car as the successful champion of the majority. This is but

small basis for the boast that his hopes were gratified, that he would not

receive the nomination unless sustained by a majority of the party, and

that his opinions had received the indorsement of the Democracy.

My devotion to the party is life-long. If the assertion be allowable, it

may be said that I inherited my political principles. I derive them from a

revolutionary father--one of the earnest friends of Mr. Jefferson; who,

after the revolution which achieved our independence, bore his full part

in the civil revolution of 1800, which emancipated us from federal

usurpation and consolidation. I therefore have all that devotion to party

which belongs to habitual reverence and confidence. But, sir, that

devotion to party rests on the assumption that it is to maintain sound

principles; that it is to strive hereafter, as heretofore, to carry out

the great cardinal creed in which the Democratic party was founded. When

the resolutions of 1798 and 1799 are discarded; when we fly from the

extreme of monarchy to land in the danger to republics, anarchy, and the

Democratic party says its arm is paralyzed--can not be raised to maintain

constitutional rights, my devotion to its organization is at an end. It

fails thenceforward in the purposes for which it was established; and if

there be a constitutional party in the land which, in the language of Mr.

Jefferson, would find in the vigor of the Federal Government the best hope

for our liberty and security, to that party I should attach myself

whenever that sad contingency arose.

The resolutions of 1798 and 1799, though directed against usurpation, were

equally directed against the dangers of anarchy. Their principles are

alike applicable to both. Their cardinal creed was a Federal Government,

according to the grants conferred upon it, and these righteously

administered. It is not fair to the men who taught us the lessons of

Democracy that they should be held responsible for a theory which leaves

the Federal Government, as one who has abdicated all authority, to stand

at the mercy of local usurpations. Least of all does their teaching

maintain that this Government has no power over the Territories; that this

Government has no obligation to protect the rights of person and property

in the Territories; for, among the first acts under the Constitution, was

one which both asserted and exercised the power.

After the adoption of the Constitution, in 1789, an act was passed, to

which reference is frequently made as being a confirmation of the

ordinance of 1787; and this has been repeated so often that it has

received general belief. There was a constitutional provision which

required all obligations and engagements under the confederation to hold

good under the Constitution. If there was an obligation or an engagement

growing out of the ordinance of 1787, out of the deed of cession by

Virginia, it was transmitted to the Government established under the

Constitution; but that Congress under the Constitution gave it no

vitality--that they added no force to it, is apparent from the fact which

is so often relied upon as authority. It was in view of this fact, in full

remembrance of this and of other facts connected with it, that Mr. Madison

said, in relation to passing regulations for the Territories, that

"Congress did not regard the interdiction of slavery among the needful

regulations contemplated by the Constitution, since, in none of the

territorial governments created by them, was such an interdict found." I

am aware that Justice McLean has viewed this as an historical error of Mr.

Madison. I shall not assume to decide between such high authorities. The

act is as follows:

"_An Act to provide for the government of the Territory north-west of

the Ohio River._

"WHEREAS, In order that the ordinance of the United States in Congress

assembled, for the government of the territory north-west of the river

Ohio, may continue to have full effect, it is requisite that certain

provisions should be made so as to adapt the same to the present

Constitution of the United States.

"SECTION 1. _Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled_, That, in all

cases in which, by the said ordinance, any information is to be given,

or communication made, by the governor of the said Territory to the

United States in Congress assembled, or to any of their officers, it

shall be the duty of the said governor to give such information, and

to make such communication, to the President of the United States; and

the President shall nominate, and, by and with the advice and consent

of the Senate, shall appoint all officers which, by the said

ordinance, were to have been appointed by the United States in

Congress assembled; and all officers so appointed shall be

commissioned by him; and in all cases where the United States in

Congress assembled might, by the said ordinance, make any commission,

or remove from any office, the President is hereby declared to have

the same powers to revocation and removal.

"SEC. 2. _And be it further enacted_, That in the case of the death,

removal, resignation, or necessary absence of the governor of the said

Territory, the secretary thereof shall be, and he is hereby authorized

and required to execute all the powers and perform all the duties of

the governor during the vacancy occasioned by the removal,

resignation, or necessary absence of the said governor.

"Approved August 7, 1789."

All that is to be found in this act which favors the supposition and

frequent assertion that, under the Constitution, the ordinance of 1787 was

ratified and confirmed is to be found in the preamble, and that preamble

so vaguely alludes to it that the idea is refuted by reference to an act

which followed soon afterwards--the act of 1793--from which I will read a

single section:

"SEC. 3. _And be it further enacted_, That when a person held to labor

in any of the United States, or in either of the Territories on the

north-west or south of the river Ohio, under the laws thereof, shall

escape into any other of the said States or Territories, the person to

whom such service or labor may be due, his agent, or attorney, is

hereby empowered to seize or arrest such fugitive from labor," etc.

Is it not apparent that, when the Congress legislated in 1793, they

recognized the existence of slavery and protected that kind of property in

the territory north-west of the river Ohio, and is it not conclusive that

they did not intend, by the act of 1789, to confirm, ratify, and give

effect to the ordinance of 1787, which would have excluded it?

This doctrine of protection, then, is not new. It goes back to the

foundation of the Government. It is traceable down through all the early

controversies; and they arose at least as early as 1790. It is found in

the messages of Mr. Jefferson and Mr. Madison, and in the legislation of

Congress; and also in the messages of the elder Adams. There was not one

of the first four Presidents of the United States who did not recognize

this obligation of protection, who did not assert this power on the part

of the Federal Government; and not one of them ever attempted to pervert

it to a power to destroy. If division in the Democratic party is to arise

now, because of this doctrine, it is not from the change by those who

assert it, but of those who deny it. It is not from the introduction of a

new feature in the theory of our Government, but from the denial of that

which was recognized in its very beginning.

As I understood the main argument of the Senator, it was based upon the

general postulate that the Democratic Convention of 1848 recognized a new

doctrine, a doctrine which inhibited the General Government from

interfering in any way, either for the protection of property or

otherwise, with the local affairs of a Territory; he held the party

responsible for all the opinions entertained by the candidate in 1848,

because the party had nominated him, and he quoted the record to show what

States, by voting for him, had committed themselves to the doctrine of the

"Nicholson letter." He even quoted South Carolina, represented by that man

who became famous for a single act, and, as South Carolinians said,

without authority at home to sustain it. But this was cited as pledging

the faith of South Carolina to the doctrine of the "Nicholson letter;"

and, worse than all, the Senator did this, though he knew that the

doctrine of the "Nicholson letter" was the subject of controversy for

years subsequently; that, what was the true construction of that letter,

entered into the canvass in the Southern States; that the construction

which Mr. Cass himself placed upon it at a subsequent period was there

denied; and the Senator might have remembered, if he had chosen to

recollect so unimportant a thing, that I once had to explain to him, ten

years ago, the fact that I repudiated the doctrine of that letter at the

time it was published, and that the Democracy of Mississippi had well-nigh

crucified me for the construction which I placed upon it; there were men

mean enough to suspect that the construction I gave to the Nicholson

letter was prompted by the confidence and affection I felt for General

Taylor. At a subsequent period, however, Mr. Cass thoroughly reviewed it.

He uttered, for him, very harsh language against all who had doubted the

true construction of his letter, and he construed it just as I had done

during the canvass of 1848. It remains only to add that I supported Mr.

Cass, not because of the doctrine of the Nicholson letter, but in despite

of it; because I believed a Democratic President, with a Democratic

cabinet and Democratic counselors in the two houses of Congress, and he as

honest a man as I believed Mr. Cass to be, would be a safer reliance than

his opponent, who personally possessed my confidence as much as any man

living, but who was of and must draw his advisers from a party, the tenets

of which I believed to be opposed to the interests of the country as they

were to all my political convictions.

I little thought at that time that my advocacy of Mr. Cass, upon such

grounds as these, or his support by the State of which I am a citizen,

would at any future day be quoted as an indorsement of the opinions

contained in the Nicholson letter, as those opinions were afterwards

defined. But it is not only upon this letter, but equally upon the

resolutions of the convention as constructive of that letter, that he

rested his argument. I will here say to the Senator that if, at any time,

I do him the least injustice, speaking as I do from such notes as I could

take while he progressed, I will thank him to correct me.

But this letter entered into the canvass; there was a doubt about its

construction; there were men who asserted that they had positive authority

for saying that it meant that the people of a Territory could only exclude

slavery when the Territory should form a constitution and be admitted as a

State. This doubt continued to hang over the construction, and it was that

doubt alone which secured Mr. Cass the vote of Mississippi. If the true

construction had been certainly known he would have had no chance to get

it. Our majority went down from thousands to hundreds, as it was. In

Alabama the decrease was greater. It was not that the doctrine was

countenanced, but the doubt as to the true meaning of the letter, and the

constantly reiterated assertion that it only meant the Territories when

they should be admitted as States, enabled him to carry those States.

But if I mistook the Senator there, I think probably I did not on another

point: that he claimed the support of certain Southern men for Mr.

Richardson as Speaker of the House to be by them an acknowledgment of the

doctrine of squatter sovereignty.

I suppose those Southern men who voted for Mr. Richardson voted for him as

I did for Mr. Cass, in despite of his opinions on that question, because

they preferred Mr. Richardson to Mr. Banks, even with squatter

sovereignty. They considered that the latter was carrying an amount of

heresies which greatly exceeded the value of squatter sovereignty. It was

a choice of evils--not an indorsement of his opinions. Neither did they

this year indorse the opinions on that point of Mr. McClernand when they

voted for him. According to the Senator's argument I could show him that

Illinois was committed to the doctrine of federal protection to property

in the Territories and the remedy of secession as a State right; committed

irrevocably, unmistakably, with no right to plead any ignorance of the

political creed of the individual, or the meaning of his words.

In 1852--I refer to it with pride--Illinois did me the honor to vote

consistently for me for the Vice-Presidency, up to the time of

adjournment; though in 1850, and in 1851, I had done all these acts which

have been spoken of, and the Senator has admitted my consistency, in

opinions which were avowed with at least such perspicuity as left nobody

in doubt as to my opinion. Did Illinois then adopt my theory of protection

in the Territories, or of the right of State secession? No, sir. I hold

them to no such consequences. Some of the old inhabitants of Illinois may

have remembered me when their northern frontier was a wilderness, when

they and I had kind relations in the face of hostile Indians. Some of them

may have remembered me, and, I believe, kindly, as associated with them,

at a later period, on the fields of Mexico. The Senator himself, I know,

remembered kindly his association with me in the halls of Congress. It was

these bonds which gave me the confidence of the State of Illinois. I never

misconstrued it. I never pretended to put them in the attitude of adopting

all my opinions. Never required it, never desired it, save as in so far as

wishing all men would agree with me, confidently believing my position to

be true. At a later period, and when these questions were more important

in the public mind, when public attention has been more directed to them,

when public opinion has been more matured, at the very time when the

Senator claims that his doctrine culminated, the State of Illinois voted

for a gentleman for Vice-President at Cincinnati who held the same

opinions with myself, or, if there was a difference, held them to a

greater extreme--I mean General Quitman.

MR. DOUGLAS. We made no test on any one.

MR. DAVIS. Then, how did the South become responsible for the doctrine of

General Cass, by consenting to his nomination in 1848, and supporting his

election? But at a later period, down to the present session, what is the

position in which the Senator places his friends--those sterling

Democrats, uncompromising Anti-Know-Nothings; men who give no quarter to

the American party, and yet who voted this year for Mr. Smith, of North

Carolina, to be Speaker of the House of Representatives. Is the Senator

answered? Does he not see that there is no justice in assuming a vote for

an individual to be the entire adoption of his opinions?

He cited, in this connection, a resolution of 1848, as having been framed

to cover the doctrines of the Nicholson letter; and he claimed thus to

have shown that the convention not only understood it, but adopted it, and

made it the party creed, and that we were bound to it from that period

forward. He even had that resolution of 1848 read, in order that there

should be, at no future time, any question as to the principle which the

party then avowed; that it should be fixed as a starting point in all the

future progress of Democracy. I was surprised at the importance the

Senator attached to that resolution of 1848, because it was not new; it

was not framed to meet the opinions of the Nicholson letter, but came down

from a period as remote as 1840; was copied into the platform of 1844, and

again into that of 1848, being the expression which the condition of the

country in 1840 had induced--a declaration of opinion growing out of the

agitation in the two houses of Congress at that day, and the fearful

strides which antislavery was making, and which Mr. Calhoun had labored to

check by the declaration of constitutional truths, as set forth in his

Senate resolutions of 1837-'8.

That there may be no mistake on this point, and particularly as the

Senator attached special importance to it, I will turn to the platform of

1840, and read from it, so that it shall be found to be--

MR. DOUGLAS. It is conceded.

MR. DAVIS. The Senator concedes the fact, that the resolution of 1848 was

a copy of that of 1840, and with the concession falls his argument. The

platforms of 1840 and 1844 were re-affirmed in 1848; and, consequently,

the resolution of '48 being identical with that of '40, was not a

construction of the letter written in 1847.

True to its instincts and to its practices, the Democratic party, from

time to time, continued to add to their "platform" whatever was needful

for action by the Government in the condition of the country. Thus, in

1844, they re-asserted the platform of 1840; and they added thereto,

because of a question then pending, that--

"The re-annexation of Texas, at the earliest practicable period, is a

great American measure, which the convention recommend to the cordial

support of the Democracy of the Union."

In 1848 they re-adopted the resolutions of 1844; and were not a little

laughed at for keeping up the question of Texas after it had been annexed.

In 1852 a new question had arisen; the measures of 1850 had presented,

with great force to the public mind, the necessity for some expression of

opinion upon the disturbing questions which the measures of 1850 had been

designed to quiet. Therefore, in 1852, the party, true to its obligation

to announce its principles, and to meet issues as they arise, said:

"_Resolved_, That the foregoing proposition (referring to the

resolution of 1848) covers, and was intended to embrace, the whole

subject of slavery agitation in Congress; and, therefore, the

Democratic party in the Union, standing on this national platform,

will abide by and adhere to a faithful execution of the act known as

the compromise measure, settled by the last Congress, the act for

reclaiming fugitives from labor included; which act, being designed to

carry out an express provision of the Constitution, can not, with

fidelity thereto, be repealed, or so changed as to destroy or impair

its efficacy.

"_Resolved_, That the Democratic party will restrain all attempts at

renewing, in Congress or out of it, the agitation of the slave

question, under whatever shape or color the attempt may be made."

This was the addition made in 1852, and it was made because of the

agitation which then prevailed through the country against the fugitive

slave act, and it was because the fugitive slave act, and that alone, was

assailed, that the Democratic convention met the issue on that measure

specifically, and for the same reason it received the approbation of the

Southern States. Had this been considered as the indorsement of the slave

trade bill for the District of Columbia, it would not have received their

approval. The agitation was in relation to recovering fugitive slaves, and

the Democratic party boldly and truly met the living issue, and declared

its position upon it.

In 1856 other questions had arisen. It was necessary to meet them. The

convention did meet them, and met them in a manner which was satisfactory,

because it was believed to be full. I will not weary the Senate by reading

the resolutions of 1856; they are familiar to every body. I only quote a

portion of them:

"The American Democracy recognize and adopt the principles contained

in the organic laws establishing the Territories of Kansas and

Nebraska as embodying the only sound and safe solution of the 'slavery

question' upon which the great national idea of the people of this

whole country can repose in its determined conservatism of the

Union--non-interference by Congress with slavery in State and

Territory, or in the District of Columbia.

"That, by the uniform application of this Democratic principle to the

organization of Territories, and to the admission of new States, with

or without domestic slavery, as they may elect, the equal rights of

all States will be preserved intact, the original compacts of the

Constitution maintained inviolate, and the perpetuity and expansion of

this Union insured to its utmost capacity of embracing, in peace and

harmony, every future American State that may be constituted or

annexed with a republican form of government."

Pray, what can this mean? Squatter sovereignty? Incapacity of the Federal

Government to enact any law for the protection of slave property anywhere?

Could that be in the face of a struggle that we were constantly carrying

on against the opponents of the fugitive slave law? Could that be, in the

face of the fact that a majority had trodden down our constitutional

rights in the District of Columbia, by legislating in relation to that

particular character of property, and that they had failed to redeem a

promise they had sacredly made to pass a law for the protection of slave

property, so as to punish any one who should seduce, or entice, or abduct

it from an owner in this District?

With all these things fresh in mind, what did they mean? They meant that

Congress should not decide the question, whether that institution should

exist within a Territory or not. They did not mean to withdraw from the

inhabitants of the District of Columbia that protection to which they were

entitled, and which is almost annually given by legislation; and yet

States and Territories and the District of Columbia are all grouped

together, as the points upon which this idea rests, and to which it is

directed. It meant that Congress was not to legislate to interfere with

the rights of property anywhere; not to attempt to decide what should be

the institutions maintained anywhere; but surely not to disclaim the right

to protect property, whether on sea or on land, wherever the Federal

Government had jurisdiction and power. But some stress has been laid upon

the resolution, which says that this principle should be applied to

"The organization of the Territories, and to the admission of new

States, with or without domestic slavery, as they may elect."

What does "may elect" mean? Does it refer to organization of the

Territory? Who may elect? Congress organizes the Territories. Did it mean

that the Territories were to elect? It does not say so. What does it say?

"That by the uniform application of this Democratic principle to the

organization of Territories, and to the admission of new States, with

or without domestic slavery, as they may elect."

And here it met a question which had disturbed the peace of the country,

and well-nigh destroyed the Union--the right of a State holding slaves to

be admitted into the Union. It was declared here that the State so

admitted should elect whether it would or would not have slaves. There is

nothing in that which logically applies to the organization of a

Territory. But if this be in doubt, let us come to the last resolution,

which says:

"We recognize the right of the people of all the Territories,

including Kansas and Nebraska, acting through the legally and

fairly-expressed will of a majority of actual residents--"

Does it stop there? No--

"and whenever the number of their inhabitants justifies it, to form a

constitution, with or without domestic slavery, and be admitted into

the Union upon terms of perfect equality with the other States."

If there had been any doubt before as to what "may elect" referred to,

this resolution certainly removed it. It is clear they meant, that when a

Territory had a sufficient number of inhabitants, and came to form a

constitution, then it might decide the question as it pleased. From that

doctrine, I know no Democrat who now dissents.

I have thus, because of the assertion that this was a new idea attempted

to be interjected into the Democratic creed, gone over some portion of its

history. Important by its connection with the existing agitation, and last

in the series, is an act with the ushering in of which the Senator is more

familiar than myself, and on which he made remarks, to which, it is

probable, some of those who acted with him, will reply. I wish merely to

say, in relation to the Kansas-Nebraska act, that there are expressions in

it which seem to me not of doubtful meaning, such as, "in all cases

involving title to slaves, or involving the question of personal freedom,"

there should be a trial before the courts, and without reference to the

amount involved, an appeal to the Supreme Court of the Territory, and from

thence to the Supreme Court of the United States. If there was no right of

property there; if we had no right to recognize it there; if some

sovereign was to determine whether it existed or not, why did we say that

the Supreme Court of the United States, in the last resort, should decide

the question? If it was an admitted thing, by that bill, that the

Territorial Legislature should decide it, why did we provide for taking

the case to the Supreme Court? If it had been believed then, as it is

asserted now, that a Territory possessed all the power of a State; that

the inhabitants of a Territory could meet in convention and decide the

question as the people of a State might do, there was nothing to be

carried to the Supreme Court. You can not appeal from the decision of a

constitutional convention of a State to the Supreme Court of the United

States, to decide whether slave property shall be prohibited or admitted

within the limits of a State; and if they rest on the same footing, what

is the meaning of that clause of the bill?

But this organic law further provides, just as the resolution of the

convention had done, that when a legal majority of the residents of either

Territory formed a constitution, then, at their will, they might recognize

or exclude slavery, and come into the Union as co-equal States. This fixes

the period, defines the time at which the territorial inhabitants may

perform this act, and clearly forbids the idea that it was intended, by

those who enacted the law, to acknowledge that power to be existent in the

inhabitants of a Territory during their territorial condition. If I am

mistaken in this; if there was a contemporaneous construction of it

differing from this, the Senators who sit around me and who were then

members of the body, will not fail to remember it.

The Senator asserts that, in relation to this point, those who acted with

him have changed, and claims for himself to have been consistent. If this

be so, it proves nothing as to the present, and only individual opinions

as to the past. I do not regard consistency as a very high virtue;

neither, it appears, does he; for he told us that if it could be shown to

him that he was in error on any point, he would change his opinion. How

could that be? Who would undertake to show the Senator that he was in

error? Who would undertake to measure the altitude of the Colossus who

bestrides the world, and announces for, and of, and by himself, "We, the

Democracy," as though, in his person, all that remained of the party was

now concentrated! Other men are permitted to change, because other men may

be mistaken; and if they are honest, when convicted of their error, they

must change, but how can one expect to convince the Senator, who, where

all is change, stands changeless still?

In the course of his reply to me--if indeed it may be called such; it

seemed to be rather a review of every thing except what I had said--he set

me the bad example of going into the canvass in my own State. It is the

first, I trust it will be the last time, I shall follow his example; and

now only to the extent of the occasion, where criticism was invited by

unusual publicity. In the canvass which the Senator had with his opponent,

Mr. Lincoln, and the debates of which have been published in a book, we

find much which, if it be consistent with his course as I had known it,

only proves to me how little able I was to understand his meaning in

former times.

The Kansas-Nebraska Bill having agreed the right for which I contend to be

the subject of judicial decision; it having specially provided the mode

and facilitated the process by which that right should be brought to the

courts and finally decided; not allowing any check to be interposed

because of amount, that bill having continued the provision which had been

introduced into the New Mexico Bill, how are we to understand the

Senator's declarations, that, let the Supreme Court decide as they may,

the inhabitants of a Territory may lawfully admit or exclude slavery as

they please? What a hollow promise was given to us in the provision

referring this vexed question to judicial decision, in order that we might

reach a point on which we might peacefully rest, if the inhabitants of the

Territories for which Congress had legislated could still decide the

question and set aside any decision of the Supreme Court, and do this

lawfully. I ask, was it not to give us a stone, when he promised us bread;

to incorporate a provision in the organic act securing the right of appeal

to the courts, if, as now stated, those courts were known to be powerless

to grant a remedy?

Here there is a very broad distinction to be drawn between the power of

the inhabitants of a Territory, or of any local community, lawfully to do

a thing, and forcibly to do it. If the Senator had said, that whatever

might be the decision of the Supreme Court, whatever might be the laws of

Congress, whatever might be the laws of the Territories, in the face of an

infuriated mob, such as he described on another occasion, it would be

impossible for a man to hold a slave against their will, he would but have

avowed the truism that in our country the law waits upon public opinion.

But he says that they can do it lawfully. If his position had been such as

I have just stated, it would have struck me as the opinion I had always

supposed him to entertain. More than that, it would have struck me as the

opinion which no one could gainsay; which, at any time, I would have been

ready to admit. Nothing is more clear than that no law could prevail in

our country, where force, as a governmental mean, is almost unknown,

against a pervading sentiment in the community. Every body admits that;

and it was in that view of the case that this question has been so often

declared to be a mere abstraction. It is an abstraction so far as any one

would expect in security to hold against the fixed purpose and

all-pervading will of the community, whether territorial or other, a

species of property, ambulatory, liable, because it has mind enough to go,

to be enticed away whenever freed from physical restraint, and which would

be nearly valueless if so restrained. It may be an abstraction as a

practical question of pecuniary advantage, but it is not the less dear to

those who assert the constitutional right. It would constitute a very good

reason why no one should ever say there was an attempt to force slavery on

an unwilling people, but no reason why the right should not be recognized

by the Federal Government as one belonging to the equal privileges and

immunities of every citizen of the United States.

But the main point of the Senator's argument--and it deserved to be so,

because it is the main question now in the public mind--was, what is the

meaning of non-intervention? He defined it to be synonymous with squatter

sovereignty, or with popular sovereignty....

The Senator and myself do not seem to be getting any nearer together;

because the very thing which he describes constitutes the only case in

which I would admit the necessity, and, consequently, the propriety of the

people acting without authority. If men were cast upon a desert island,

the sovereignty of which was unknown, over which no jurisdiction was

exercised, they would find themselves necessitated to establish rules

which should subsist between themselves; and so the people of California,

when the Congress failed to give them a government; when it refused to

enact a territorial law; when, paralyzed by the power of contending

factions, it left the immigrants to work their own unhappy way; they had a

right--a right growing out of the necessity of the case--to make rules for

the government of their local affairs. But this was not sovereignty. It

was the exercise, between man and man, of a social function necessary to

preserve peace in the absence of any controlling power--essential to

conserve the relations of person and property. The sovereignty, if it

existed in any organization or government of the world, remained there

still; and whenever that sovereignty extended itself over them, whether

shipwrecked mariners, or adventurous Americans--whether cast off by the

sea, or whether finding their weary way across the desert plains which

lie west of the Mississippi--whenever the hand of the Government holding

sovereign jurisdiction was laid upon them, they became subject; their

sovereign control of their own affairs ceased. In our case, the directing

hand of the Government is laid upon them at the moment of the enactment of

an organic law. Therefore, the very point at which the Senator begins his

sovereignty, is the point at which the necessity, and, in my view, the

claim ceases.

But suppose that a territorial legislature, acting under an organic law,

not defining their municipal powers further than has been general in such

laws, should pass a law to exclude slave property, would the Senator vote

to repeal it?

MR. DOUGLAS. I will answer. I would not, because the Democratic party is

pledged to non-intervention; because, furthermore, whether such an act is

constitutional or not is a judicial question. If it is unconstitutional,

the court will so decide, and it will be null and void without repeal. If

it is constitutional, the people have a right to pass it. If

unconstitutional, it is void, and the court will ascertain the fact; and

we pledged our honors to abide the decision....

MR. DAVIS. If it will not embarrass the Senator, I would ask him if, as

Chief Executive of the United States, he would sign a bill to protect

slave property in State, Territory, or District of Columbia--an act of

Congress?

MR. DOUGLAS. It will be time enough for me, or any other man, to say what

bills he will sign, when he is in a position to exercise the power.

MR. DAVIS. The Senator has a right to make me that answer. I was only

leading on to a fair understanding of the Senator and myself about

non-intervention....

I think it now appears that, in the minds of the gentlemen,

non-intervention is a shadowy, unsubstantial doctrine, which has its

application according to the circumstances of the case. It ceased to

apply when it was necessary to annul an act in Kansas in relation to the

political rights of the inhabitants. It had no application when it was

necessary to declare that the old French laws should not be revived in the

Territory of Kansas after the repeal of the Missouri Compromise; but it

rose an insurmountable barrier when we proposed to sweep away the Mexican

decrees, usages, or laws, and leave the Constitution and laws of the

United States unfettered in their operation in the Territory acquired from

Mexico. It thus seems to have a constantly varying application, and, as I

have not yet reached a good definition, one which quite satisfies me, I

must take it as I find it in the Senator's speech, in which he says

Alabama asserted the doctrine of non-intervention in 1856. The Alabama

resolutions of 1856 asserted the right to protection, and the duty of the

Federal Government to give it. So, if he stands upon the resolutions of

Alabama in 1856, non-intervention is very good doctrine, and exactly

agrees with what I believe--no assumption, by the Federal Government, of

any powers over the municipal territorial governments which is not

necessary; that the hand of Federal power shall be laid as lightly as

possible upon any territorial community; that its laws shall be limited to

the necessities of each case; that it shall leave the inhabitants as

unfettered in the determination of their local legislation as the rights

of the people of the States will permit, and the duty of the General

Government will allow. But when non-intervention is pressed to the point

of depriving the arm of the Federal Government of its one great function

of protection, then it is the doctrine which we denounce--which we call

squatter sovereignty; the renunciation by Congress, and the turning over

to the inhabitants a sovereignty which, rightfully, it does not belong to

the one to grant or the other to claim, and, further and worse, thus to

divest the Federal Government of a duty which the Constitution requires it

to perform.

To show that this view is not new--that it does not rest singly on the

resolutions of Alabama, I will refer to a subject, the action upon which

has already been quoted in this debate--the Oregon Bill. During the

discussion of the Oregon Bill, I offered in the Senate, June 23, 1848, an

amendment which I will read:

"_Provided_, That nothing contained in this act shall be so construed

as to authorize the prohibition of domestic slavery in said Territory,

whilst it remains in the condition of a Territory of the United

States."

Upon this, I will cite the authority of Mr. Calhoun, in his speech on the

Oregon Bill, June 27, 1848:

"The twelfth section of this bill is intended to assert and maintain

this demand of the non-slaveholding States, while it remains a

Territory, not openly or directly, but indirectly, by extending the

provisions of the bill for the establishment of the Iowa Territory to

this, and by ratifying the acts of the informal and self-constituted

government of Oregon, which, among others, contains one prohibiting

the introduction of slavery. It thus, in reality, adopts what is

called the Wilmot proviso, not only for Oregon, but, as the Bill now

stands, for New Mexico and California. The amendment, on the contrary,

moved by the Senator from Mississippi, near me [Mr. Davis], is

intended to assert and maintain the position of the slave-holding

States. It leaves the Territory free and open to all the citizens of

the United States, and would overrule, if adopted, the act of the

self-constituted Territory of Oregon, and the twelfth section, as far

as it relates to the subject under consideration. We have thus fairly

presented the grounds taken by the non-slave-holding and the

slave-holding States, or as I shall call them, for the sake of

brevity, the Northern and Southern States, in their whole extent, for

discussion."--_Appendix to Congressional Globe, Thirtieth Congress,

first Session_, p. 868.

I will quote also one of the speeches which he made near the close of his

life, at a time when he was so far wasted by disease that it was necessary

for him to ask the Senator from Virginia, who sits before me [Mr. Mason],

to read the speech which his tameless spirit impelled him to compose, but

which he was physically unable to deliver; and once again he came to the

Senate chamber, when standing yet more nearly on the confines of death; he

rose, his heart failing in its functions, his voice faltered, but his will

was so strong that he could not realize that the icy hand was upon him,

and he erroneously thought he was oppressed by the weight of his overcoat.

True to his devotion to the principles he had always advocated, clinging,

to the last hour of his life, to the duty to maintain the rights of his

constituents, still he was here, and his honored, though feeble, voice was

raised for the maintenance of the great principle to which his life had

been devoted. From the speech I read as follows:

"The plan of the administration can not save the Union, because it can

have no effect whatever towards satisfying the States composing the

Southern section of the Union, that they can, consistently with safety

and honor, remain in the Union. It is, in fact, but a modification of

the Wilmot proviso. It proposes to effect the same object--to exclude

the South from all territory acquired by the Mexican treaty. It is

well known that the South is united against the Wilmot proviso, and

has committed itself, by solemn resolutions, to resist should it be

adopted. Its opposition _is not to the name_, but that which it

_proposes to effect_. That, the Southern States hold to be

unconstitutional, unjust, inconsistent with their equality as members

of the common Union, and calculated to destroy irretrievably the

equilibrium between the two sections. These objections equally apply

to what, for brevity, I will call the executive proviso. There is no

difference between it and the Wilmot, except in the mode of effecting

the object; and in that respect, I must say that the latter is much

the least objectionable. It goes to its object openly, boldly, and

distinctly. It claims for Congress unlimited power over the

Territories, and proposes to assert it over the territories acquired

from Mexico by a positive prohibition of slavery. Not so the executive

proviso. It takes an indirect course, and, in order to elude the

Wilmot proviso, and thereby avoid encountering the united and

determined resistance of the South, it denies, by implication, the

authority of Congress to legislate for the Territories, and claims

the right as belonging exclusively to the inhabitants of the

Territories. But to effect the object of excluding the South, it takes

care, in the meantime, to let in immigrants freely from the Northern

States, and all other quarters, except from the South, which it takes

special care to exclude by holding up to them the danger of having

their slaves liberated under the Mexican laws. The necessary

consequence is to exclude the South from the Territories, just as

effectually as would the Wilmot proviso. The only difference, in this

respect, is, that what one proposes to effect directly and openly, the

other proposes to effect indirectly and covertly.

"But the executive proviso is more objectionable than the Wilmot in

another and more important particular. The latter, to effect its

object, inflicts a dangerous wound upon the Constitution, by depriving

the Southern States, as joint partners and owners of the Territories,

of their rights in them; but it inflicts no greater wound than is

absolutely necessary to effect its object. The former, on the

contrary, while it inflicts the same wound, inflicts others equally

great, and, if possible, greater, as I shall next proceed to explain.

"In claiming the right for the inhabitants, instead of Congress, to

legislate for the Territories, the executive proviso assumes that the

sovereignty over the Territories is vested in the former, or, to

express it in the language used in a resolution offered by one of the

Senators from Texas [General Houston, now absent], they 'have the same

inherent right of self-government as the people in the States.' The

assumption is utterly unfounded, unconstitutional, without example,

and contrary to the entire practice of the Government, from its

commencement to the present time, as I shall proceed to

show."--_Calhoun's Works_, vol. 4, p. 562.

MR. DAVIS. I find that I must abridge, by abstaining from the reading of

extracts. When this question arose in 1820, Nathaniel Macon, by many

considered the wisest man of his day, held the proposed interference to be

unauthorized and innovative. In arguing against the Missouri Compromise,

as it was called--the attempt by Congress to prescribe where slaves might

or might not be held--the exercise, by the Federal Government north of a

certain point, of usurped power by an act of inhibition, Mr. Macon said

our true policy was that which had thus far guided the country in safety:

the policy of non-intervention. By non-intervention he meant the absence

of hostile legislation, not the absence of governmental protection. Our

doctrine on this point is not new, but that of our opponents is so.

The Senator from Illinois assumes that the congressional acts of 1850

meant no legislation in relation to slave property; while, in the face of

that declaration, stand the laws enacted in that year, and the promise of

another, which has not been enacted--laws directed to the question of

slavery and slave property; one even declaring, in certain contingencies,

as a penalty on the owner, the emancipation of his slave in the District

of Columbia. If no action upon the question was the prevailing opinion,

what does the legislation mean? Was it non-action in the District of

Columbia? Be it remembered, the resolution of the Cincinnati platform

says, "Non-interference, by Congress, with slavery in State and Territory,

or in the District of Columbia." They are all upon the same footing.

Again, he said that the Badger amendment was a declaration of no

protection to slave property. The Badger amendment declares that the

repeal of the Missouri Compromise shall not revive the laws or usages

which preëxisted that compromise; and the history of the times, so far as

I understand it, is, that it intended to assure those gentlemen who feared

that the laws of France would be revived in the Territories of Kansas and

Nebraska, by the repeal of the act of 1820, and that they would be held

responsible for having, by congressional act, established slavery. The

Southern men did not desire Congress to establish slavery. It has been our

uniform declaration that we denied the power of the Federal Government

either to establish or prohibit it; that we claimed for it protection as

property recognized by the Constitution, and we claimed the right for it,

as property, to go, and to receive federal protection wherever the

jurisdiction of the United States is exclusive. We claim that the

Constitution of the United States, in recognizing this property, making it

the basis of representation, put it, not upon the footing which it holds

between foreign nations, but upon the basis of the compact or union of the

States; that, under the delegated grant to regulate commerce between the

States, it did not belong to a State; therefore, without breach of

contract, they can not, by any regulation, prohibit transit, and the

compact provided that they should not change the character of master and

slave in the case of a fugitive. Could Congress surrender, for the States

and their citizens, the claim and protection for those or other

constitutional rights, against invasion by a State? If not, surely it can

not be done in the case of a Territory, a possession of the States. The

word "protecting," in that amendment, referred to laws which

preëxisted--laws which it was not designed, by the Democrats, to revive

when they declared the repeal of the Missouri Compromise; and, therefore,

I think, did not affect the question of constitutional right and of

federal power and duty.

In all these territorial bills we have the language "subject to the

Constitution;" that is to say, that the inhabitants are to manage their

local affairs in their own way, subject to the Constitution; which, I

suppose, might be rendered thus: "In their own way, provided their own way

shall be somebody else's way;" for "subject to the Constitution" means, in

accordance with an instrument with which the territorial inhabitants had

nothing to do; with the construction of which they were not concerned; in

the adoption of which they had no part, and in relation to which it has

sometimes been questioned whether they had any responsibility. My own

views, as the Senator is aware from previous discussions, (and it is

needless to repeat,) are that the Constitution is co-extensive with the

United States; that the designation includes the Territories, that they

are necessarily subject to the Constitution. But if they be subject to

the Constitution, and subject to the organic act, that is the language

used; that organic act being the law of Congress, that Constitution being

the compact of the States--the territorial inhabitants having no lot or

part in one or the other, save as they are imposed upon them--where is

their claim to sovereignty? Where is their right to do as they please? The

States have a compact, and the agent of the States gives to the

Territories a species of constitution in the organic act, which endures

and binds them until they throw off what the Senator on another occasion

termed the minority condition, and assume the majority condition as a

State. The remark to which I refer was on the bill to admit Iowa and

Florida into the Union. The Senator then said:

"The father may bind the son during his minority, but the moment that

he (the son) attains his majority, his fetters are severed, and he is

free to regulate his own conduct. So, sir, with the Territories; they

are subject to the jurisdiction and control of Congress during

infancy, their minority; but when they attain their majority, and

obtain admission into the Union, they are free from all restraints and

restrictions, except such as the Constitution of the United States

imposes upon each and all of the States."

This was the doctrine of territorial sovereignty--perhaps that is the

phrase--at that period. At a later period, in March, 1856, the Senator

said:

"The sovereignty of a Territory remains in abeyance, suspended in the

United States in trust for the people, until they shall be admitted

into the Union as a State. In the meantime, they are admitted to enjoy

and exercise all the rights and privileges of self-government, in

subordination to the Constitution of the United States, and in

obedience to the organic law passed by Congress in pursuance of that

instrument."

If it be admitted--and I believe there is no issue between the Senator and

myself on that point--that the Congress of the United States have no

right to pass a law excluding slaves from a Territory, or determining in

the Territory the relation of master and slave, of parent and child, of

guardian and ward; that they have no right anywhere to decide what is

property, but are only bound to protect such rights as preëxisted the

formation of the Union--to perform such functions as are intrusted to them

as the agent of the States--then how can Congress, thus fettered, confer

upon a corporation of its creation--upon a territorial legislature, by an

organic act, a power to determine what shall be property within the limits

of such Territory?

But, again, if it were admitted that the territorial inhabitants did

possess this sovereignty: that they had the right to do as they pleased on

all subjects, then would arise the question, if they were authorized,

through their representatives, thus to act, whence came the opposition to

what was called the Lecompton Constitution? How did Congress, under this

state of facts, get the right to inquire whether those representatives in

that case really expressed the will of the people. Still more; how did

Congress get the right to decide that those representatives must submit

their action to a popular vote in a manner not prescribed by the people of

the Territory, however eminently it may have been advisable, convenient,

and proper in the judgment of the Congress of the United States? What

revisory function had we, if they, through their representatives, had full

power to act on all such subjects whatsoever?

I have necessarily, in answering the Senator, gone somewhat into the

_argumentum ad hominem_. Though it is not entirely exhausted, I think

enough has been said to show the Senate in what the difference between us

consists. If it be necessary further to illustrate it, I might ask how did

he propose to annul the organic act for Utah, if the recognition by the

Congress of a sufficient number of inhabitants to justify the organization

of a territorial government transferred the sovereignty to the

inhabitants of the Territory? If sovereignty passed by the recognition of

the fact, how did he propose, by congressional act, to annul the

territorial existence of Utah?

It is this confusion of ideas, it is this confounding of terms, this

changing of language, this applying of new meanings to words, out of

which, I think, a large portion of the dispute arises. For instance, it is

claimed that President Pierce, in using the phrase "existing and incipient

States," meant to include all Territories, and thus that he had bound me

to a doctrine which precluded my strictures on what I termed squatter

sovereignty. This all arises from the misuse of language. An incipient

State, according to my idea, is the territorial condition at the moment it

changes into that of a State. It is when the people assemble in convention

to form a constitution as a State, that they are in the condition of an

incipient State. Various names were applied to the Territories at an

earlier period. Sometimes they were called "new States," because they were

expected to be States; sometimes they were called "States in embryo," and

it requires a determination of the language that is employed before it is

possible to arrive at any conclusion as to the differences of

understanding between gentlemen. Therefore, it was, and, I think, very

properly, (but not, as the Senator supposed, to catechise him,) that I

asked him what he meant by non-intervention, before I commenced these

remarks.

In the same line of errors was the confusion which resulted in his

assuming that the evils I described as growing out of his doctrine on the

plains of Kansas, were a denunciation, on my part, of the bill called the

Kansas-Nebraska Bill. At the time that bill passed, I did not foresee all

the evils which have resulted from the doctrine based upon it, but which I

do not think the bill sustains. I am not willing now to turn on those who

were in a position which compelled them to act, made them responsible, and

to divest myself of any responsibility which belongs to any opinion I

entertained. I will not seek to judge after the fact and hold the measure

up against those who had to judge before. Therefore I will frankly avow

that I should have sustained that bill if I had been in the Senate; but I

did not foresee or apprehend such evils as immediately grew up on the

plains of Kansas. I looked then, as our fathers had looked before, to the

settlement of the question of what institutions should exist there, as one

to be determined by soil and climate, and by the pleasure of those who

should voluntarily go into the country. Such, however, was not the case.

The form of the Kansas-Nebraska Bill invited to a controversy--not

foreseen. I was not charging the Senator with any responsibility for it,

but the variation of its terms invited contending parties to meet on the

plains of Kansas, and had well-nigh eventuated in civil war. The great

respect which even the most lawless of those adventurers in Kansas had for

the name and the laws of the United States, served, by the timely

interposition of the Federal force and laws, to restrain the excited

masses and prevented violence from assuming larger proportions than

combats between squads of adventurers.

This brings me in the line of rejoinder, to the meaning of the phrase,

"the people of a Territory, like those of a State, should decide for

themselves," etc., the language quoted against the President in the

remarks of the Senator. This, it was announced, was squatter sovereignty

in its broadest sense; and it was added, that the present Executive was

elected to the high office he holds on that construction of the platform.

Now, I do not know how it is that the Senator has the power to decide why

the people voted for a candidate. I rather suppose, among the many

millions who did vote, there must have been a variety of reasons, and that

it is not in the power of any one man to declare what determined the

result. But waiving that, is it squatter sovereignty in its broadest

sense? Is it a declaration that the inhabitants of a Territory can

exercise all the powers of a State? It says that, "like the people of a

State," they may decide for themselves. Then how do the people of a State

decide the question of what shall be property within the State? Every one

knows that it is by calling a convention, and that the people, represented

in convention, and forming a constitution their fundamental law, do this.

Every one knows that, under the constitutions and bills of rights which

prevail in the republican States of this Union, no legislature is invested

with that power. If this be the mode which is prescribed in the

States--the modes which the States must pursue--I ask you, in the name of

common sense, can the language of the President be construed to mean that

a territorial legislature may do what it is admitted the legislature of a

State can not; or that the inhabitants of a Territory can assemble a

convention, and form a fundamental law overriding the organic act, to

which the Senator has already acknowledged they stand subject until they

be admitted as a State?

We of the South, I know, are arraigned, and many believe justly, for

starting a new question which distracts the Democratic party. I have

endeavored, therefore, to show that it is not new. I have also asserted,

what I think is clear, that if it were new, but yet a constitutional

right, it is not only our province, but our duty to assert it--to assert

it whenever or wherever that right is controverted. It is asserted now

with more force than at a former period, for the simple reason that it is

now denied, to an extent which has never been known before. We do not

seek, in the cant language of the day, to force slavery on an unwilling

people. We know full well there is no power to do it; and our limited

observation has not yet made us acquainted with the man who was likely to

have a slave forced upon him, or who could get one without paying a very

high price for him. He must first have the will, and, secondly, he must

put money in his purse to enable him to get one. They are too valuable

among those by whom they are now owned, to be forced upon any body. Not

admitting the correctness of the doctrine which the Senator promulgated

in his magazine article in relation to a local character of slave

property, I recognise the laws of nature, and that immigration will follow

in the lines where any species of labor may be most profitably employed;

all, therefore, we have asked--fulfillment of the original compact of our

fathers--was that there should be no discrimination; that all property

should be equally protected; that we should be permitted to go into every

portion of the United States save where some sovereign power has said

slaves shall not be held, and to take with us our slave property in like

manner as we would take any other; no more than that. For that, our

Government has contended on the high seas against foreign powers. That has

entered into our negotiations, and has been recognized by every government

against whom a claim has been asserted. Where our property was captured on

the land during the period of an invasion, Great Britain, by treaty,

restored it, or paid for it. Wherever it has suffered loss on the high

seas, down to a very recent period, we have received indemnity; and where

we have not, it was only because the power and duty of the Federal

Government was sacrificed to this miserable strife in relation to

property, with the existence of which, those making the interference had

no municipal connection, or moral responsibility.

I do not admit that sovereignty necessarily exists in the Federal

Government or in a territorial government. I deny the Senator's

proposition, which is broadly laid down, of the necessity which must exist

for it in the one place or the other. I hold that sovereignty exists only

in a State, or in the United States in their associated capacity, to whom

sovereignty may be transferred, but that their agent is incapable of

receiving it, and, still more, of transferring it to territorial

inhabitants.

I was sorry for some of the remarks which he thought it necessary to make,

as to the position of the South on this question, and for his assertion

that the resolutions of the convention of 1848 put the pro-slavery men

and the Abolitionists on the same ground. I think it was altogether

unjust. I did not think it quite belonged to him to make it. I was aware

that his opponent, in that canvass to which I referred, had made a

prophecy that he was, sooner or later, to land in the ranks of the

Republicans. Even if I had believed it, I would not have chosen--and it is

due to candor to say I do not believe----....

MR. DAVIS. Well, it is unimportant. I feel myself constrained, because I

promised to do it, to refer to some portion of the joint record of the

Senator and myself in 1850, or, as I have consumed so much time, I would

avoid it. In that same magazine article, to which I have referred, the

Senator took occasion to refer to some part which I had taken in the

legislation of 1850; and I must say he presented me unfairly. He put me in

the attitude of one who was seeking to discriminate, and left himself in

the position of one who was willing to give equal protection to all kinds

of property. In that magazine article the Senator represents Mr. Davis, of

Mississippi, as having endeavored to discriminate in favor of slave

property, and Mr. Chase, of Ohio, as having made a like attempt against

it; and he leaves himself, by his argument, in the attitude of one who

concurred with Mr. Clay in opposition to both propositions.

I offered an amendment to the compromise bill of 1850, which was to strike

out the words "in respect to," and insert "and introduce or exclude," and

after the word "slavery" to insert the following:

"_Provided_, That nothing herein contained shall be construed to

prevent said territorial legislature passing such laws as may be

necessary for the protection of the rights of property of any kind

which may have been or may be hereafter, conformably to the

Constitution and laws of the United States, held in, or introduced

into, said Territory."

Mr. Chase's amendment is in these words:

"_Provided further_, That nothing herein contained shall be construed

as authorizing or permitting the introduction of slavery, or the

holding of persons as property within said Territory."

Whilst the quotation in the magazine article left me in the position

already stated, the debates which had occurred between us necessarily

informed the Senator that it was not my position, for I brought him in

that debate to acknowledge it.

On that occasion, I argued for my amendment as an obligation of the

Government to remove obstructions; to give the fair operation to

constitutional right; and so far from the Senator having stood with Mr.

Clay against all these propositions, the fact appears, on page 1134 of the

_Globe_, that, upon the vote on Chase's amendment, Douglas voted for it,

and Davis and Clay voted against it; that upon the vote on Davis'

amendment, Clay and Davis voted for it, and Douglas voted against it.

MR. DOUGLAS. The Senator should add, that that vote was given under the

very instructions to which he referred the other day, and which are well

known to the Senate, and are on the table.

MR. DAVIS. I was aware that the Senator had voted for Mr. Seward's

amendment, the "Wilmot proviso," under these instructions, but I receive

his explanation. Mr. Berrien offered an amendment to change the provision,

which said there should be no legislation in respect to slavery, so as to

make it read, "there shall be no legislation establishing or prohibiting

African slavery." Mr. Clay voted for that; so did Mr. Davis. Mr. Douglas

voted against it. Mr. Hale offered an amendment to Mr. Berrien's

amendment, to add the word "allowing." Here Mr. Douglas voted for Mr.

Hale's amendment, and against Davis and Clay. Then a proposition was made

to continue the Mexican laws against slavery until repealed by Congress. I

think I proved--at least I did to my own satisfaction--that there was no

such Mexican law; that it was a decree, and that the legislation which

occurred under it had never been executed. But that proposition by Mr.

Baldwin, which was to continue the Mexican laws in force, was brought to

a vote, and again Mr. Douglas voted for it, and Mr. Davis and Mr. Clay

voted against it. When another proposition was brought forward to amend by

"removing the obstructions of Mexican laws and usages to any right of

person or property by the citizens of the United States in the Territories

aforesaid," I do not find the Senator's name among those who voted,

though, by reference to the Appendix, I learned he was present immediately

afterwards, by his speaking to another amendment.

Thus we find the Senator differing from me on this question, as was

stated; but we do not find him concurring with Mr. Clay, as was stated;

and we do not find the proposition which I introduced, and which was

mentioned in the magazine article, receiving the joint opposition of

himself and Mr. Clay; and yet his remarks in the Senate the other day went

upon the same theory, that Mr. Clay and himself had been coöperating. Now,

the fact of the case is, that they agreed in supporting the final passage

of the bill, and I was against it. I was one of the few Southern men who

resisted, in all its stages, what was called the compromise, or omnibus

bill. I have consumed the time of the Senate by this reference, made as

brief as I could, on account of the remarks the Senator had made.

Coupled with this arraignment of myself, at a time when he says he had

leisure to discuss the question with the Attorney-General, but when there

was nothing in my position certainly to provoke the revision of my course

in Congress, is his like review of it in the Senate. As I understood his

remarks, for I did not find them in the _Congressional Globe_ the next

morning, he vaunted his own consistency and admitted mine, but claimed his

to be inside and mine outside of the Democratic organization. Is it so?

Will our votes on test questions sustain it? The list of yeas and nays

would, on the points referred to, exhibit quite the reverse. And it

strikes me that, on the recent demonstrations we have had, when the

Democratic administration was, as it were, put on its trial in relation

to its policy in Kansas, the Senator's associations, rather than mine,

were outside of the Democratic organization. How is it, on the pending

question--the declaration of great principles of political creed--the

Senator's position is outside of the Senate's Democracy, and mine in it,

so that I do not see with what justice he attempts that discrimination

between him and me? That the difference exists, that it involves a

division greater or less in Democratic ranks, is a personal regret, and I

think a public misfortune. It gives me, therefore, no pleasure to dwell

upon it, and it is now dismissed.

Mr. President, after having for forty years been engaged in bitter

controversy over a question relating to common property of the States, we

have reached the point where the issue is presented in a form in which it

becomes us to meet it according to existing facts; where it has ceased to

be a question to be decided on the footing of authority, and by reference

to history. We have decided that too long had this question been

disturbing the peace and endangering the Union, and it was resolved to

provide for its settlement by treating it as a judicial question. Now,

will it be said, after Congress provided for the adjustment of this

question by the courts, and after the courts had a case brought before

them, and expressed an opinion covering the controversy, that no

additional latitude is to be given to the application of the decision of

the court, though Congress had referred it specially to them; that it is

to be treated simply and technically as a question of _meum et tuum_, such

as might have arisen if there had been no such legislation by Congress?

Surely it does not become those who have pointed us to that provision as

the peace-offering, as the means for final adjustment, now to say that it

meant nothing more than that the courts would go on hereafter, as

heretofore, to try questions of property.

The courts have decided the question so far as they could decide any

political question. A case arose in relation to property in a slave held

within a Territory where a law of Congress declared that such property

should not be held. The whole case was before them; every thing, except

the mere technical point that the law was not enacted by a territorial

legislature. Why, then, if we are to abide by the decision of the Supreme

Court in any future case, do they maintain this controversy on the mere

technical point which now divides, disturbs, distracts, destroys the

efficiency and the power of the Democratic party? To the Senator, I know,

as a question of property, it is a matter of no consequence. I should do

him injustice if I left any one to infer that I treated his argument as

one made by a man prejudiced against the character of property involved in

the question. That is not his position; but I assert that he is pursuing

an _ignis fatuus_--not a light caught from the Constitution--but a vapor

which has arisen from the corrupting cess-pools of sectional strife, of

faction, and individual rivalry. Measured by any standard of common sense,

its magnitude would be too small to disturb the adjustment of the balance

of our country. There can be no appeal to humanity made upon this basis.

Least of all could it be made to one who, like the Senator and myself, has

seen this species of property in its sparse condition on the north-western

frontier, and seen it go out without disturbing the tranquillity of the

community, as it had previously existed without injury to any one, if not

to the benefit of the individual who held it. He has no apprehension, he

can have none, that it is to retard the political prosperity of the future

States--now the Territories. He can have no apprehension that in that

country, to which they never would be carried except for domestic

purposes, they could ever so accumulate as to constitute a great political

element. He knows, and every man who has had experience and judgment must

admit, that the few who may be so carried there have nothing to fear but

the climate, and that living in that close connection which belongs to one

or half a dozen of them in a family, the kindest relations which it is

possible to exist between master and dependent, exist between these

domestics and their owners.

There is a relation belonging to this species of property, unlike that of

the apprentice or the hired man, which awakens whatever there is of

kindness or of nobility of soul in the heart of him who owns it; this can

only be alienated, obscured, or destroyed by collecting this species of

property into such masses that the owner is not personally acquainted with

the individuals who compose it. In the relation, however, which can exist

in the north-western Territories, the mere domestic connection of one,

two, or, at most, half a dozen servants in a family, associating with the

children as they grow up, attending upon age as it declines, there can be

nothing against which either philanthropy or humanity can make an appeal.

Not even the emancipationist could raise his voice, for this is the high

road and the open gate to the condition in which the masters would, from

interest, in a few years, desire the emancipation of every one who may

thus be taken to the north-western frontier.

Mr. President, I briefly and reluctantly referred, because the subject had

been introduced, to the attitude of Mississippi on a former occasion. I

will now as briefly say, that in 1851, and in 1860, Mississippi was, and

is, ready to make every concession which it becomes her to make to the

welfare and the safety of the Union. If, on a former occasion, she hoped

too much from fraternity, the responsibility for her disappointment rests

upon those who fail to fulfill her expectations. She still clings to the

Government as our fathers formed it. She is ready to-day and to-morrow, as

in her past, and though brief, yet brilliant history, to maintain that

Government in all its power, and to vindicate its honor with all the means

she possesses. I say brilliant history; for it was in the very morning of

her existence that her sons, on the plains of New Orleans, were announced,

in general orders to have been the admiration of one army and the wonder

of the other. That we had a division in relation to the measures enacted

in 1850, is true; that the Southern rights men became the minority in the

election which resulted, is true; but no figure of speech could warrant

the Senator in speaking of them as subdued; as coming to him or any body

else for quarter. I deemed it offensive when it was uttered, and the scorn

with which I repelled it at the instant, time has only softened to

contempt. Our flag was never borne from the field. We had carried it in

the face of defeat, with a knowledge that defeat awaited it; but scarcely

had the smoke of the battle passed away which proclaimed another victor,

before the general voice admitted that the field again was ours; I have

not seen a sagacious, reflecting man, who was cognizant of the events as

they transpired at the time, who does not say that, within two weeks after

the election, our party was in a majority; and the next election which

occurred showed that we possessed the State beyond controversy. How we

have wielded that power it is not for me to say. I trust others may see

forbearance in our conduct--that, with a determination to insist upon our

constitutional rights, then and now, there is an unwavering desire to

maintain the Government, and to uphold the Democratic party.

We believe now, as we have asserted on former occasions, that the best

hope for the perpetuity of our institutions depends upon the coöperation,

the harmony, the zealous action of the Democratic party. We cling to that

party from conviction, that its principles and its aims are those of truth

and the country, as we cling to the Union for the fulfillment of the

purposes for which it was formed. Whenever we shall be taught that the

Democratic party is recreant to its principles; whenever we shall learn

that it can not be relied upon to maintain the great measures which

constitute its vitality, I, for one, shall be ready to leave it. And so,

when we declare our tenacious adherence to the Union, it is the Union of

the Constitution. If the compact between the States is to be trampled into

the dust; if anarchy is to be substituted for the usurpation and

consolidation which threatened the Government at an earlier period; if the

Union is to become powerless for the purposes for which it was

established, and we are vainly to appeal to it for protection, then, sir,

conscious of the rectitude of our course, the justice of our cause,

self-reliant, yet humbly, confidingly trusting in the arm that guided and

protected our fathers, we look beyond the confines of the Union for the

maintenance of our rights. A habitual reverence and cherished affection

for the Government will bind us to it longer than our interests would

suggest or require; but he is a poor student of the world's history who

does not understand that communities at last must yield to the dictates of

their interests. That the affection, the mutual desire for the mutual

good, which existed among our fathers, may be weakened in succeeding

generations by the denial of right, and hostile demonstration, until the

equality guaranteed, but not secured within the Union, may be sought for

without it, must be evident to even a careless observer of our race. It is

time to be up and doing. There is yet time to remove the causes of

dissension and alienation which are now distracting, and have for years

past divided the country.

If the Senator correctly described me as having, at a former period,

against my own preferences and opinions, acquiesced in the decision of my

party; if when I had youth, when physical vigor gave promise of many days,

and the future was painted in the colors of hope, I could thus surrender

my own convictions, my own prejudices, and coöperate with my political

friends, according to their views, as to the best method of promoting the

public good; now, when the years of my future can not be many, and

experience has sobered the hopeful tints of youth's gilding; when,

approaching the evening of life, the shadows are reversed, and the mind

turns retrospectively, it is not to be supposed that I would abandon

lightly, or idly put on trial, the party to which I have steadily adhered.

It is rather to be assumed that conservatism, which belongs to the

timidity or caution of increasing years, would lead me to cling to--to be

supported by, rather than to cast off, the organization with which I have

been so long connected. If I am driven to consider the necessity of

separating myself from those old and dear relations, of discarding the

accustomed support, under circumstances such as I have described, might

not my friends who differ from me pause and inquire whether there is not

something involved in it which calls for their careful revision?

I desire no divided flag for the Democratic party, seek not to depreciate

the power of the Senator, or take from him any thing of that confidence he

feels in the large army which follows his standard. I prefer that his

banner should lie in its silken folds to feed the moth; but if it

unrestrainedly rustles, impatient to be unfurled, we who have not invited

the conflict, shrink not from the trial; we will plant our flag on every

hill and plain; it shall overlook the Atlantic and welcome the sun as he

rises from its dancing waters; it shall wave its adieu as he sinks to

repose in the quiet Pacific.

Our principles are national; they belong to every State of the Union; and

though elections may be lost by their assertion, they constitute the only

foundation on which we can maintain power, on which we can again rise to

the dignity the Democracy once possessed. Does not the Senator from

Illinois see in the sectional character of the vote he received, that his

opinions are not acceptable to every portion of the country? Is not the

fact that the resolutions adopted by seventeen States, on which the

greatest reliance must be placed for Democratic support, are in opposition

to the dogma to which he still clings, a warning that if he persists and

succeeds in forcing his theory upon the Democratic party, its days are

numbered? We ask only for the Constitution. We ask of the Democracy only

from time to time to declare, as current exigencies may indicate, what the

Constitution was intended to secure and provide. Our flag bears no new

device. Upon its folds our principles are written in living light; all

proclaiming the constitutional Union, justice, equality, and fraternity of

our ocean-bound domain, for a limitless future.

The Life of Jefferson Davis · 第 7 / 23 章